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TERMS AND CONDITIONS OF THE ONLINE STORE

WWW.SWISTOWSKI.PL

Table of Contents

1. Scope of the Terms and Conditions

2. Conclusion of the Contract

3. Language and Storage of the Contract

4. Product Delivery

5. Payments

6. Right of Withdrawal from the Contract

7. Damage During Transport

8. Complaints: Product Compliance / Defects

9. Warranty

10. Electronic Services

11. Code of Good Practice

12. Out-of-court Dispute Resolution

13. Final Provisions

These Terms and Conditions define the general conditions of sale applicable in our online store available at www.swistowski.pl, operated by Świstowski sp. z o.o., Rydygiera 41a, 87-100 Toruń, NIP: 8792284393, REGON: 871556540.
The company’s share capital amounts to PLN 4,000,000.
The company is entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Toruń, 7th Commercial Division of the National Court Register, under number KRS 0000846379.

1. Scope of the Terms and Conditions

These Terms and Conditions apply to all orders placed by Consumers and Entrepreneurs via our online store.
A Consumer, as defined in Article 22 of the Civil Code, is a natural person performing a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
An Entrepreneur, as defined in Article 43 of the Civil Code, is a natural person, legal person, or an organizational unit without legal personality granted legal capacity by law, conducting business or professional activity in their own name.
Any other or additional terms and conditions or general terms of trade used by Entrepreneurs do not apply unless expressly and in writing agreed with our company.

2. Conclusion of the Contract

The sales contract is concluded with Świstowski sp. z o.o.

The presentation of products in our online store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
To submit an offer to purchase products, you must place an order. Using the tools provided in our store, you can add selected products to your shopping cart and submit an offer to buy.
The cart and any data entered in forms can be modified before placing the order, using the available functions and prompts displayed during the order process.
By clicking the button confirming and finalizing the order on the summary page, you place an order for the products in your cart.
After placing the order, you will receive an email confirming receipt and acceptance of the order for processing.
The sales contract is concluded upon receipt of this confirmation.

3. Language and Recording of the Contract

The sales contract can be concluded in Polish or English.

We retain the content of the contract and send you the order details along with our Terms and Conditions via email.
You can also access your order details via your customer account.
The Terms and Conditions are available on our website in a format that allows you to obtain, reproduce, and store their content.

4. Product Delivery

4.1. Ordered products are delivered within the territory of the Republic of Poland and selected European Union countries.
Information about available delivery countries and any territorial restrictions is provided on the store’s website and before placing an order.

4.2. In certain cases, additional delivery costs may apply to the listed product prices.
Detailed information about delivery costs, available delivery options, and estimated delivery times is presented during the ordering process and in a dedicated section of our website.

4.3. Products are delivered via courier companies cooperating with us.
The choice of courier and available delivery methods may depend on the destination country and the type of product ordered.

4.4. You may also choose to personally collect your order from our warehouse:

Świstowski sp. z o.o. – wholesale warehouse
Przysiek, Stary Toruń 70, 87-134 Zławieś Wielka
Business days (Monday–Friday), from 8:00 AM to 4:00 PM.

4.5. For questions regarding delivery to countries not listed as available, please contact our customer service department before placing your order.

5. Payments

The following payment methods are available in our online store:

  • Cash on delivery (COD) upon receipt of the shipment.

  • Electronic payments (e-payments) via the imoje payment gateway, including fast online transfers, BLIK, payment cards, deferred payments ("imoje pay later"), and installment payments ("imoje installments").

  • Traditional bank transfer to our store’s bank account. If you choose this form of payment – after placing an order, we will send you an email with the necessary bank details. Order processing will begin once the full payment amount for the placed order is credited to our account.

Detailed information about the available payment methods, including online payment services integrated with our store and types of e-payments offered, as well as any potential additional costs, is provided during the checkout process and on our website in a dedicated information section regarding payment methods.

6. Right of Withdrawal from the Contract

In accordance with the information provided in the instruction on the right of withdrawal, you are entitled to a statutory right to withdraw from the contract.

The right of withdrawal within 14 days also applies to sole proprietors (natural persons conducting business activity), provided that the concluded contract is related to their business activity but does not have a professional character for them — particularly as defined by the scope of activity made available in the Central Registration and Information on Business (CEIDG).

The Consumer has the right to withdraw from the contract within 14 days from the day of taking possession of the goods.

If the 14-day right of withdrawal is exercised, the cost of returning the goods shall be borne by the buyer. Details on how to exercise the right of withdrawal, including a model withdrawal form, are available in the "Downloads" section.

7. Damage During Transport

For Consumers: in the case of a distance purchase by a Consumer, our store always bears the risk of accidental damage or loss of the goods during transport. If the delivered products show obvious transport damage, please report the defect to the courier as soon as possible and contact us. Delay in reporting the issue or contacting us has no effect on your statutory rights (described below in the complaints section). However, prompt reporting helps us in pursuing claims against the carrier or transport insurer.

8. Complaints: Product Compliance/Defects

For Consumers:
We are obligated to provide goods free from defects.
In the event of non-compliance with the contract, the Consumer has the rights described in Chapter 5a of the Consumer Rights Act.
Under those rules, the Consumer may request a repair or replacement of the product, or submit a declaration of price reduction or withdrawal from the contract.
We are liable for non-compliance revealed within 2 years of delivery, unless a longer usability period has been specified for the product – in such cases, the longer period applies.
The same provisions apply to natural persons entering into a contract directly related to their business, if it does not have a professional nature for them based on the nature of their business listed in the CEIDG register.

Complaints may be submitted:

  • By email: handel@swistowski.pl

  • In writing: Świstowski sp. z o.o., Stary Toruń 70, 87-134 Zławieś Wielka

  • By phone: +48 56 645 70 87

Information about any additional warranties and their conditions are attached to the product and available on our website.

For Entrepreneurs (excluding natural persons acting as quasi-consumers):
Warranty rights are forfeited if the goods were not inspected in the proper manner and time and if we were not notified of the defect immediately upon its discovery.
If no defect is reported, the goods are considered accepted.
We are liable only for typical, foreseeable damages and are not liable for lost profits.
Our liability – whether per claim or for all claims combined – is limited to the amount of the price paid and delivery costs under the relevant contract.

When submitting a complaint, please provide a detailed description of the issue, the date it appeared, the order number, and – if possible – photos showing the defect.
This will speed up the review process. 

Our customer service is available from Monday to Friday, 8:00 AM – 4:00 PM.

9. Warranty

The products sold in the store are covered by the manufacturer's warranty.

10. Electronic Services

To use our online store, including browsing the catalog and placing orders, you need a multimedia device with an internet browser, internet access, and an active email address.
It is recommended that JavaScript and Cookies are enabled in your browser settings.

Users are required to use the store in accordance with the law and good practices; it is forbidden to provide unlawful content.
We take all necessary actions to ensure the proper functioning of our store and interface, in line with current technical knowledge, and we commit to resolving any reported issues within a reasonable time.

This also applies to subscribing to our newsletter or creating a customer account – if such services are provided.

You can report any technical issues or interruptions in service using the contact details listed above.
When reporting a technical complaint, please indicate the nature and date of the issue.

11. Code of Good Practice

We have voluntarily committed to comply with the “Trusted Shops Quality Criteria”, available at the following link:
https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_pl.pdf

12. Out-of-court Dispute Resolution

Consumers have the right to use out-of-court procedures for handling complaints and pursuing claims.
Information about access to such procedures can be found at: www.uokik.gov.pl, under the "Consumer Dispute Resolution" section.
In addition, Consumers can use the online dispute resolution (ODR) platform at: http://ec.europa.eu/consumers/odr.

Important: The ODR platform will be deactivated on 20 July 2025 and will stop accepting complaints from 20 March 2025.
Use of out-of-court resolution procedures is voluntary and requires the agreement of both parties.

13. Final Provisions

None of the provisions in these Terms and Conditions are intended to violate the statutory rights of the Consumer.
In case of any conflict between these Terms and Conditions and applicable consumer laws, the statutory provisions shall apply instead.

For Entrepreneurs, Polish law shall apply to all contracts concluded with us, excluding the UN Convention on Contracts for the International Sale of Goods.

In the case of Entrepreneurs, legal persons governed by public law, or separate public-law entities, the court competent for any disputes arising from our contractual relationship shall be the court having jurisdiction over our registered office.
This does not apply to natural persons concluding a contract directly related to their business, if the contract is not professional in nature, based on the business activity listed in the CEIDG register.